Warden v. Balch
Supreme Court of New Hampshire
Case, for stopping the flow of water from a reservoir on the defendant’s land to the plaintiff’s buildings. Facts found by a referee. The defendant owned the “ Stone house ” premises, so-called, in Hanover, and the adjoining farm known as the “Warden place.” He conveyed the Warden place to the plaintiff by warranty deed, “ with the right to draw water in the pipes as they now lie ” from the defendant’s fish-pond. The Stone house was supplied with water from a reservoir.
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Case, for stopping the flow of water from a reservoir on the defendant’s land to the plaintiff’s buildings. Facts found by a referee. The defendant owned the “ Stone house ” premises, so-called, in Hanover, and the adjoining farm known as the “Warden place.” He conveyed the Warden place to the plaintiff by warranty deed, “ with the right to draw water in the pipes as they now lie ” from the defendant’s fish-pond. The Stone house was supplied with water from a reservoir. The Warden place was supplied with water by an aqueduct connected with the defendant’s fish-pond. Prior to said conveyance,…
1Opinion of the CourtBingham, J.
The deed from the defendant to the plaintiff describes the water-right conveyed. Its language, construed in the light of surrounding circumstances, shows that the parties understood a right was granted to take water from the fish-pond only. The water running from the reservoir to the Warden place at the time of the conveyance must have been drawn from the reasonable supply reserved for the Stone house. The express mention of the right to take water from one source;, excludes, by implication, the right to take water from any other. Hare v. Horton, 5 B. & Ad. 715; Coolidge v. Hager, 43 Vt. 9.…
2Cases cited1 opinion
- Coolidge v. HagerSupreme Court of Vermont · 1870
3Cited by2 opinions
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